YOUR STUDENTS WHAT KIND OF STUDENT CONDUCT DO THEY HAVE TO TELL ME ABOUT? You are entitled to notification when a student under your supervision has a criminal history for these offenses: • Any felony; • The following misdemeanors: unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threat, engaging in organized criminal activity; • Unlawful use, sale or possession of a controlled substance, drug paraphernalia, or marijuana; • Unlawful possession of a weapon. (Texas Code of Criminal Procedure, Article 15.27) You are entitled to notification when a student under your supervision is required
to register as a sex offender. (Texas Code of Criminal Procedure, Article 15.27) You are entitled to notification when a student under your supervision is subject to removal to a DAEP or expulsion for these acts: • False alarm, report or terroristic threat involving a public school; • Any of the following within 300 feet of a school: conduct punishable as a felony; assault; sale, delivery or possession of marijuana, controlled substance or a dangerous drug; possession, delivery or sale of alcohol, or being under the influence of alcohol; public lewdness;
indecent exposure; • Retaliation against a school employee; • Any of the following on school property or while attending a school-sponsored event: use, exhibition or possession of a firearm, illegal knife or club; conduct that contains the elements of aggravated assault, sexual assault or aggravated sexual assault; arson; murder or attempted murder; indecency with a child; aggravated kidnapping; aggravated robbery; • Severe or persistent misbehavior while placed in a DAEP. (Texas Education Code §§ 37.006-37.007)
Individuals with Disabilities Education Act (IDEA) Federal law governing the education of students with disabilities requires that children with disabilities receive a free and appropriate public education (FAPE) in the least restrictive environment. Due to the inclusion of special education students in regular classrooms, educators need to know the requirements of the federal IDEA 2004.
permit the use of a process based on the child’s response to intervention. Accordingly, states can permit the use of discrepancy models, but it is more likely states will use other models, such as the research-based “response to intervention.” For further information on RTI, see tcta.org/rti.
Eligibility
The reauthorized IDEA allows schools to use up to 15% of the federal special education funds they receive to develop and implement coordinated, early intervention services for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who have not been identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
The law provides that a child shall not be determined to be a child with a disability if the determinant factor is: (A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965); (B) lack of instruction in math; or (C) limited English proficiency.
Specific learning disability
A student cannot be labeled with an SLD if the child’s low achievement is due to lack of appropriate instruction in reading or math. The U.S. Department of Education stated in comments accompanying the federal regulations that “whether a child has received ‘appropriate instruction’ is appropriately left to state and local officials to determine.” Additionally, the reauthorized law and regulations indicate that the traditional way of determining whether a child has an SLD, the “discrepancy” model, in which a severe discrepancy between IQ and achievement is found, is no longer in favor. The regulations provide that states must adopt criteria for determining whether a child has an SLD, and the criteria cannot require schools to use the discrepancy model, but instead must
Help for struggling learners
Personnel
Federal law states that paraprofessionals who are “appropriately trained and supervised” can “assist” in providing special education and related services. State law clarifies that aides can only be used to support special education instruction. Special education instruction can be provided only by properly certified professionals, even in disciplinary alternative education programs. State rules require aides who work with special education students to be certified.
Referral for special education services
State rules clarify that if a student continues to experience difficulty in the general classroom after the provision of intervention, district personnel must refer the student for evaluation for special services. TEA has further clarified that Continued 2020-21 TCTA Survival Guide
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